Item 6, the Care Planning, Placement and Case Review (Wales) (Amendment) Regulations 2021. I call on the Minister for Education and the Welsh Language to move the motion—Jeremy Miles.

Motion NDM7751 Lesley Griffiths

To propose that the Senedd, in accordance with Standing Order 27.5:

1. Approves that the draft The Care Planning, Placement and Case Review (Wales) (Amendment) Regulations 2021 are made in accordance with the draft laid in the Table Office on 22 June 2021.

Motion moved.

Thank you, Deputy Llywydd. These regulations are a little more complex than the ones that follow, so I will take a few moments to explain their purpose and effect. The ​Additional Learning Needs and Education Tribunal (Wales) Act 2018 amended section 83 of the Social Services and Well-being (Wales) Act 2014, which relates to care and support plans for looked-after children. This was in order to provide for a requirement for an individual development plan to be incorporated into a personal education plan.

The amendments to section 83 of the 2014 Act also provided for a power to make regulations in order to preserve the scope for exceptions to the requirement to have a personal education plan. Under that power, section 83(2)(b), as well as sections 83(5), 84(b) and 196(2), these regulations are made to the Care Planning, Placement and Case Review (Wales) Regulations 2015.

The regulations before you today, if approved, will amend the Care Planning, Placement and Case Review (Wales) Regulations 2015 to provide for the exceptions to the requirement to have a personal education plan, which, in turn, will continue the existing position as to the circumstances in which a child is to be treated as looked-after for the purposes of the 2018 Act. As the definition of 'looked-after child' is narrower in the 2018 Act than the 2014 Act, the amendments provided in these regulations will ensure that both Acts and the additional learning needs code dovetail together in respect of the duties in respect of looked-after children with ALN. I should make it clear, however, that looked-after children not classed as such by the 2018 Act will still have rights under the ALN system, like any other child or young person; it's just that the specific provisions for looked-after children will not apply to them and, as such, the responsibility may lie with a different body for preparing and maintaining any IDP they may require.

These technical amendments are required to continue the existing position regarding looked-after children who are required to have a personal education plan and the list of information that must be included in a personal education plan. Further minor technical amendments are also being made to the 2015 regulations via these amending regulations that are consequential upon the requirement to have a personal education plan being inserted into section 83 of the 2014 Act by the 2018 Act. Again, there are no costs associated with the regulations and I invite Members to support these minor amendments. Diolch.

No Members have indicated that they wish to speak, so, Minister, do you want to say anything else? Okay. The question is that the motion is agreed. Does any Member object? No. The motion is therefore agreed in accordance with Standing Order 12.36.

Motion agreed in accordance with Standing Order 12.36.